I recently switched daycare providers because I was becoming unhappy with the situation. Shortly after I started using her, I ran into financial problems and could not pay, but she let me continue to bring my children. Now I have stopped using her which hacked her off! I told her I would pay her something weekly until paid for, never said an amount. She sends a certified letter to place of work telling me not only do I owe for the sitting, but she has trippled the amount owed claiming it's late fees "as stated in the contract" I signed. I don't have a copy of this "contract". I mailed her a money order last week, she returned it. I have bought another money order for this week and I plan on mailing both. She is threatening small claims court, but I am attempting to pay AND settle but she refuses the payment and wants a weekly amount of money that I can in no way afford and be able to pay my bills! HELP! What do I do?

Did you sign a contract? You need to get a copy of that contract.

But the only thing you can do to avoid court is pay what she wants. If you don't she will take you to court where you casn argue in front of a judge that you offered to pay what you can afford.

By law in most states she MUST provide you a copy of the contract. It's curious that she did not send a copy in the mail with the certified letter. However, even in a contract some states make it illegal to charge unfair or exhorbenent amounts for penalties and fees. You also should keep proof that she refused to accept payment. In other words, send payment with a certified letter also outlining your intent to make arrangements and your request for contract proof. That way if you end up in court you may very well win because you tried to make good and she refused AND she refused to provide you with a copy of the contract.

Ratchel33 is right, you should have gotten a copy of the contract at the time it was signed. Send her a certified letter asking her to mail you a copy. From here on out, send all payments certified; it's going to cost more but this way you can prove that you actually mailed them to her and she is refusing to cash them.
If she's foolish enough to file a small claims suit, they'll have a pre-trial hearing. Make sure you show up or she will win by default!! At the hearing, you can inform the court that you have been trying to pay her by presenting the money order(s) she has refused. The court will ask her why she refused payment and will most likely dismiss the case without going to trial. She cannot do anything as long as you continue to make reasonable and timely payments(i.e.: if you owe her $5,000.00, don't mail her $25 a year and if you agree to weekly payments, make sure you stick to them)